BILL NUMBER: AB 92	CHAPTERED  10/10/99

	CHAPTER   894
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   MAY 26, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999
	AMENDED IN ASSEMBLY   MARCH 18, 1999

INTRODUCED BY   Assembly Member Floyd

                        DECEMBER 10, 1998

   An act to add Sections 73.5, 73.6, and 73.7 to the Military and
Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 92, Floyd.  Inspector General for Veterans Affairs.
   Existing law provides for veterans programs, including the
veterans farm and home purchase programs, and provides for veterans
homes.
   This bill would create the office of Inspector General for
Veterans Affairs, who would be subject to the direction of the
Governor, to replace the administratively created position of
Internal Auditor in the Department of Veterans Affairs.  The bill
would require the inspector general to be appointed by the Governor,
subject to Senate confirmation.  The inspector general would be
responsible for reviewing the operations and financial condition of
each California veterans home, each veterans farm and home purchase
program, and all other veterans programs supported by the state.  The
bill would require the inspector general to submit a report and make
any recommendations he or she deems necessary for improving the
operations of the veterans programs to the board on at least an
annual basis and to the Legislature annually.
   The bill (1) would authorize the inspector general to receive
communications from any individual who believes he or she may have
information that warrants a review or investigation of a veterans
program, (2) would authorize, and in some instances require, the
inspector general to conduct a review or investigation, (3) would
require the establishment of a toll-free telephone number to report
alleged wrongdoing regarding veterans programs, and (4) would set
forth procedures for discipline by adverse action, as specified, for
any state officer or employee who retaliates or engages in similar
acts against employees who make such reports in good faith.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 73.5 is added to the Military and Veterans
Code, to read:
   73.5.  (a) (1) There is hereby created the office of Inspector
General for Veterans Affairs to replace the administratively created
position of Internal Auditor within the department.
   (2) The inspector general shall be appointed by the Governor,
subject to Senate confirmation.
   (3) (A) The inspector general shall be subject to the direction of
the Governor.
   (B) The inspector general shall provide ongoing and independent
advice to the board regarding any issue that is being considered by
the board.
   (b) The inspector general shall be responsible for all of the
following:
   (1) Reviewing the operations and financial condition of each
California veterans home and veterans farm and home purchase program.
  For the purposes of reviewing the operations of each veterans home,
the Veterans Home Allied Council and home residents shall have
unfettered access to the inspector general.
   (2) Reviewing the operation and financial condition of all other
veterans programs supported by the state including, but not limited
to, county veterans service offices and veterans memorials.
   (3) Investigating any allegations of department employee
misconduct and reporting any findings of misconduct directly to the
secretary, for further action that the secretary may deem necessary.

   (c) (1) The inspector general shall conduct a review or
investigation, as specified in subdivision (b), if requested to do so
by the Governor, any member of the board, or the secretary.  In
addition, the inspector general may conduct a review or
investigation, as specified in subdivision (b), as he or she deems
necessary or if requested by any Member of the Legislature or any
member of the public.
   (2) Whenever the inspector general conducts a review or
investigation pursuant to a request of any Member of the Legislature,
the inspector general shall submit a report of his or her findings
to that member.
   (d) Notwithstanding Section 7550.5 of the Government Code, the
inspector general shall submit a report and make any recommendations
he or she deems necessary for improving the operations of the
veterans programs to the board on at least an annual basis and to the
Legislature annually.
  SEC. 2.  Section 73.6 is added to the Military and Veterans Code,
to read:
   73.6.  (a) The inspector general may receive communications from
any individual, including, but not limited to, a participant in a
farm and home purchase program or a resident of a California veterans
home, who believes he or she may have information that warrants a
review or investigation of a veterans program that is supported by
the state.  The identity of the person providing the information
shall be held as confidential by the inspector general and may be
disclosed only to the Governor, any member of the board, any Member
of the Legislature, or the secretary, as the inspector general deems
appropriate and in the furtherance of his or her duties.
   (b) In order to properly respond to any allegation, the inspector
general shall establish a toll-free public telephone number for the
purpose of identifying any alleged wrongdoing regarding veterans
programs.  This telephone number shall be posted at every California
veterans home and throughout all department and county veterans
service offices, in clear view of all veterans home residents,
employees, and the public.  In addition, the telephone number shall
be issued to every participant of a home purchase program.  When
deemed appropriate by the inspector general, he or she shall initiate
a review or investigation of any alleged wrongdoing.  However, any
request to conduct an investigation shall be in writing.  The request
shall be confidential and is not subject to disclosure under the
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
   (c) The identity of the person providing the information that
initiated the review or investigation shall not be disclosed without
that person's written permission, except to a law enforcement agency
in the furtherance of its duties.
  SEC. 3.  Section 73.7 is added to the Military and Veterans Code,
to read:
   73.7.  (a) Any state officer or employee who intentionally engages
in acts of reprisal, retaliation, threats, coercion, or similar acts
against an employee of any state department, board, or authority for
having disclosed what the employee, in good faith, believed to be
improper activities regarding veterans programs that are supported by
the state shall be disciplined by adverse action as provided in
Section 19572 of the Government Code.  If no adverse action is
instituted by the appointing power, the State Personnel Board shall
take adverse action in the same manner as provided in Section 19583.5
of the Government Code.
   (b) In addition to all other  causes of action, penalties, or
other remedies provided by law, any state officer or employee who
intentionally engages in acts of reprisal, retaliation, threats,
coercion, or similar acts against an employee for having disclosed
what the employee, in good faith, believed to be improper activities
regarding veterans programs that are supported by the state shall be
liable in an action for damages brought against him or her by the
injured party.  Punitive damages may be awarded by the court if the
acts of the offending party are proven to be malicious.  If liability
has been established, the injured party also shall be entitled to
reasonable attorney's fees as provided by law.
